HCS CSSB 23(HSS): "An Act relating to the practice of pharmacy; relating to the dispensing of opioid overdose drugs by a pharmacist; and relating to opioid overdose drugs and to immunity for prescribing, providing, or administering opioid overdose drugs."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 23(HSS) 01 "An Act relating to the practice of pharmacy; relating to the dispensing of opioid 02 overdose drugs by a pharmacist; and relating to opioid overdose drugs and to immunity 03 for prescribing, providing, or administering opioid overdose drugs." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.80.030(b) is amended to read: 06 (b) In order to fulfill its responsibilities, the board has the powers necessary 07 for implementation and enforcement of this chapter, including the power to 08 (1) elect a president and secretary from its membership and adopt rules 09 for the conduct of its business; 10 (2) license by examination or by license transfer the applicants who are 11 qualified to engage in the practice of pharmacy; 12 (3) assist the department in inspections and investigations for 13 violations of this chapter, or of any other state or federal statute relating to the practice 14 of pharmacy;
01 (4) adopt regulations to carry out the purposes of this chapter; 02 (5) establish and enforce compliance with professional standards and 03 rules of conduct for pharmacists engaged in the practice of pharmacy; 04 (6) determine standards for recognition and approval of degree 05 programs of schools and colleges of pharmacy whose graduates shall be eligible for 06 licensure in this state, including the specification and enforcement of requirements for 07 practical training, including internships; 08 (7) establish for pharmacists and pharmacies minimum specifications 09 for the physical facilities, technical equipment, personnel, and procedures for the 10 storage, compounding, and dispensing of drugs or related devices, and for the 11 monitoring of drug therapy; 12 (8) enforce the provisions of this chapter relating to the conduct or 13 competence of pharmacists practicing in the state, and the suspension, revocation, or 14 restriction of licenses to engage in the practice of pharmacy; 15 (9) license and regulate the training, qualifications, and employment of 16 pharmacy interns and pharmacy technicians; 17 (10) issue licenses to persons engaged in the manufacture and 18 distribution of drugs and related devices; 19 (11) establish and maintain a controlled substance prescription 20 database as provided in AS 17.30.200; 21 (12) establish standards for the independent administration by a 22 pharmacist of vaccines and related emergency medications under AS 08.80.168, 23 including the completion of an immunization training program approved by the board; 24 (13) establish standards for the independent dispensing by a 25 pharmacist of an opioid overdose drug under AS 17.20.085, including the 26 completion of an opioid overdose training program approved by the board. 27 * Sec. 2. AS 08.80.168(b) is amended to read: 28 (b) In this section, 29 (1) "opioid overdose drug" has the meaning given in AS 17.20.085; 30 (2) "related emergency medication" includes an epinephrine injection 31 or other medication for the treatment of a severe allergic reaction to a vaccine.
01 * Sec. 3. AS 08.80.168 is amended by adding a new subsection to read: 02 (c) A pharmacist may independently dispense an opioid overdose drug if the 03 pharmacist has completed an opioid overdose drug training program approved by the 04 board and otherwise complies with the standards established by the board under 05 AS 08.80.030(b). 06 * Sec. 4. AS 08.80.480(27) is amended to read: 07 (27) "practice of pharmacy" means the interpretation, evaluation, and 08 dispensing of prescription drug orders in the patient's best interest; participation in 09 drug and device selection, drug administration, drug regimen reviews, and drug or 10 drug-related research; provision of patient counseling and the provision of those acts 11 or services necessary to provide pharmaceutical care; the administration of vaccines 12 and related emergency medication; the independent dispensing of opioid overdose 13 drugs; and the responsibility for compounding and labeling of drugs and devices 14 except labeling by a manufacturer, repackager, or distributor of nonprescription drugs 15 and commercially packaged legend drugs and devices; proper and safe storage of 16 drugs and devices; and maintenance of proper records for them; 17 * Sec. 5. AS 09.65 is amended by adding a new section to read: 18 Sec. 09.65.340. Immunity for prescribing, providing, or administering an 19 opioid overdose drug. (a) Except as provided in (c) of this section, a person is not 20 liable for civil damages resulting from an act or omission in prescribing or providing 21 an opioid overdose drug to a person at risk of experiencing an opioid overdose or to a 22 family member, friend, caregiver, or other person in a position to administer an opioid 23 overdose drug to a person at risk of experiencing an opioid overdose if 24 (1) the person 25 (A) prescribing or providing the opioid overdose drug is a 26 health care provider; or 27 (B) providing the opioid overdose drug is an employee or 28 volunteer of an opioid overdose program; and 29 (2) each person to whom the opioid overdose drug is prescribed or 30 provided has been educated and trained in the proper emergency use and 31 administration of the opioid overdose drug by the health care provider or the opioid
01 overdose program; education and training under this paragraph may be provided by 02 any reasonable means, including through the use of electronic, video, or automated 03 education or training resources. 04 (b) Except as provided in (c) of this section, a person who administers an 05 opioid overdose drug to another person who the person reasonably believes is 06 experiencing an opioid overdose emergency is not liable for civil damages resulting 07 from an act or omission in the emergency administration of the opioid overdose drug 08 if the person 09 (1) was prescribed or provided the opioid overdose drug by a health 10 care provider or an opioid overdose program; and 11 (2) received education and training in the proper emergency use and 12 administration of the opioid overdose drug by the health care provider or the opioid 13 overdose program; education and training under this paragraph may be provided by 14 any reasonable means, including through the use of electronic, video, or automated 15 education or training resources. 16 (c) This section does not preclude liability for civil damages that are the result 17 of gross negligence or reckless or intentional misconduct. 18 (d) In this section, 19 (1) "health care provider" means a licensed physician, advanced nurse 20 practitioner, physician assistant, nurse, village health aide, or pharmacist operating 21 within the scope of the health care provider's authority; 22 (2) "opioid" includes the opium and opiate substances and opium and 23 opiate derivatives listed in AS 11.71.140; 24 (3) "opioid overdose drug" means a drug that reverses in whole or part 25 the pharmacological effects of an opioid overdose; 26 (4) "opioid overdose program" means a program that provides opioid 27 overdose drugs to persons at risk of experiencing an opioid overdose or to a family 28 member, friend, or other person in a position to assist a person at risk of experiencing 29 an opioid overdose. 30 * Sec. 6. AS 17.20 is amended by adding a new section to read: 31 Sec. 17.20.085. Opioid overdose drugs. (a) Notwithstanding a provision or
01 rule of law to the contrary, a health care provider authorized to prescribe an opioid 02 overdose drug may prescribe an opioid overdose drug directly or by standing order or 03 protocol to a person at risk of experiencing an opioid overdose or to a family member, 04 friend, caregiver, or other person in a position to administer an opioid overdose drug 05 to a person at risk of experiencing an opioid overdose. 06 (b) An employee or volunteer of an opioid overdose program, if acting under a 07 standing order or protocol under (a) of this section, notwithstanding a provision or rule 08 of law to the contrary, may receive a supply of opioid overdose drugs, possess opioid 09 overdose drugs, and provide an opioid overdose drug to a person at risk of 10 experiencing an opioid overdose or to a family member, friend, caregiver, or other 11 person in a position to administer an opioid overdose drug to a person at risk of 12 experiencing an opioid overdose. 13 (c) In this section, 14 (1) "health care provider" means a licensed physician, advanced nurse 15 practitioner, physician assistant, nurse, village health aide, or pharmacist operating 16 within the scope of the health care provider's authority; 17 (2) "opioid" includes the opium and opiate substances and opium and 18 opiate derivatives listed in AS 11.71.140; 19 (3) "opioid overdose drug" means a drug that reverses in whole or part 20 the pharmacological effects of an opioid overdose; 21 (4) "opioid overdose program" means a program that provides opioid 22 overdose drugs to persons at risk of experiencing an opioid overdose or to a family 23 member, friend, or other person in a position to assist a person at risk of experiencing 24 an opioid overdose.